WILBUR E. JONES, AS CHAIRMAN, AND ALBERT L. ROGERO, EARL P. POWERS, RICHARD H. SIMPSON AND CAMPBELL THORNAL, AS MEMBERS OF THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, AS AND CONSTITUTING THE STATE ROAD DEPARTMENT OF THE STATE OF FLORIDA, PETITIONERS,
v.
SARAH H. BROWN, RESPONDENT
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The Florida Supreme Court upheld a lower court's refusal to dismiss a complaint by a property owner challenging a state road department's condemnation of right-of-way for storm sewers and pipelines that would allegedly destroy her freshwater lake. The court rejected the state's sovereign immunity defense, finding the case controlled by precedent allowing suits against state agencies when challenging specific governmental actions affecting private property rights.
The court held that the property owner's complaint should not be dismissed on sovereign immunity grounds. The case is controlled by precedent permitting suits against state agencies when challenging specific governmental actions affecting private property rights, rather than suits seeking to control or direct state policy generally.
“The law pronounced in these cases is sound and may be invoked under proper circumstances, but we think it has no application to the case at bar.”
The court acknowledges the sovereign immunity doctrine but finds it inapplicable to this specific case involving alleged harm to private property from state condemnation activities.
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Join FLexlaw to unlock all legal intelligenceVolusia County brought a condemnation suit under Florida law to acquire right-of-way facilities for storm sewers and pipelines necessary for construct…
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TERRELL, Justice.
Volusia County brought suit pursuant to Section 341.22, F.S., F.S.A., vto condemn certain right-of-way facilities for storm sewers and pipelines essential to construct State Road 40. The respondent filed complaint alleging that drainage from the facilities proposed to be constructed would .destroy .her fresh water lake of peculiar and great value to her and prayed that they be enjoined.- A motion to dismiss the complaint was overruled and petitioners brought certiorari.
The primary contention here is that this is in effect a. suit against the State which cannot be maintained. State ex rel. Davis v. Love, 99 Fla. 333, 126 So. 374; In re Advisory Opinion to the Governor, 94 Fla. 967, 114 So. 850; Treadway v. Terrell, 117 Fla. 838, 158 So. 512; Hampton v. State Board of Education, 90 Fla. 88, 105 So. 323, 42 A.L.R. 1456 and similar cases are relied on to support.this contention.
The law pronounced in these cases is sound and may be invoked under proper circumstances, but we think it has no application to the case at bar. In our view this' casé is' controlled by Brumley v. Dorner, 78 Fla. 495, 83 So. 912; Dade County v. South Dade Farms, 133 Fla. 288, 182 So. 858; State Road Department v. Newhall Drainage District, Fla.1951, 54 So. 2d 48 and Taylor v. Tampa Coal Co., Fla.1950, 46 So. 2d 392. See also Section 387.08, F.S., F.S.A. The petition for certiorari is hereby denied.
DREW, C. J., -ROBERTS and SE-BRING, JJ., concur.
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Dep't OF Transp. v. Burnette, 384 So. 2d 916 (Fla. 1st DCA 1980)…9); Dade County v. South Dade Farms, 133 Fla. 288, 296,182 So. 858, 861 (1938). If the sovereign’s immunity was ever a serious impediment to a suit for injunction to secure relief from action by the State having that effect — but see Jones v. Brown, 82 So. 2d 889 (Fla.1955)11 — it is no longer. Every remedy which would be available against an individual for such a repeated trespass or continuing nuisance, including an injunction to prevent a multiplicity of damage suits, is now available against the State. S…
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State Rd. Dep't of Fla. v. Bramlett, 189 So. 2d 481 (Fla. 1966)…proceedings. We believe that our state’s requirement of “just compensation” is adequately met by an award covering the value of the land, appurtenances, the leasehold and damages to remaining land or property. See, for example, Jones v. Brown, Fla., 82 So. 2d 889; Natural Gas & Appliance Co. v. Marion County, Fla., 58 So. 2d 701; Dade County v. Brigham, Fla., 47 So. 2d 602, 18 A.L.R.2d 1221; Edwards v. Miami Shores Village, Fla., 40 So. 2d 360; State Road Department of Florida v. Tharp, 146 Fla. 745, 1 So. 2…
Authorities Cited
- State of Fla. on the relation of Fred H. Davis v. The Honorable E. C. Love, 99 Fla. 333 (Fla. 1930)
- Hampton v. State Bd. of Educ. of Fla., 90 Fla. 88 (Fla. 1925)
- Treadway v. Terrell, 117 Fla. 838 (Fla. 1935)
- In re Advisory Opinion to Governor, 94 Fla. 967 (Fla. 1927)
- Brumley v. Dorner, 78 Fla. 495 (Fla. 1919)
- Dade Cnty. v. S. Dade Farms, Inc., 133 Fla. 288 (Fla. 1938)
- State Rd. Dept. v. Newhall Drainage Dist., 54 So.2d 48 (Fla. 1951)
- Taylor v. Tampa Coal Co., 46 So. 2d 392 (Fla. 1950)